No one goes into a marriage thinking about divorce, but nevertheless, over 750,000 couples get divorced every year. You have probably heard or read the statistic that 40-50% of marriages end in divorce. While true, this doesn’t diminish how difficult, stressful, and emotional, it can be to go through one. The process can be confusing and emotionally taxing, and Casale & Bonner P.C is here to help guide and support you through it. Here are some things to consider:
Often the most involved and difficult aspects of divorce are child custody and visitation rights. Every parent wants to have a large part in their child’s life, and this can lead to some intense legal battles. If the parents can come to a resolution outside of court, then they can ultimately decide how custody and visitation will be handled. If not, the court will decide who shall receive custody based a numerous factors such as who the “primary caretaker” is, and the child’s preference if they’re old enough to decide. Ultimately, the court will decide based on the best interests of the child.
- When determining the best interests of the child, the court will factor in the following factors:
- Both the physical and mental health of each parent
- The need for a stable home environment
- Who has been most involved in the child’s life thus far
- The child’s preference if they’re old enough to express it
- Evidence of parent drug or alcohol abuse or any other run-ins with the law
- Any special needs the child may have
- The family dynamic and relationships with others in the household
Child and spousal support is another thing that those going through the divorce process must deal with. It ensures that the non-custodial parent is providing financial support for any children and that the spouse with the higher income is providing financial assistance to the other. There are a couple of factors that go into the amount that one must pay in alimony or child support. Incomes, health insurance plans, relative assets owned, and general need, amongst other factors, all factor into the amount one must pay.
Division of Property
Similar to child custody matters, the division of property can be settled out of court. While it can be difficult to reconcile any disagreements, settling out of court allows for the couple to come to a decision themselves, without the court deciding for them. If agreements can’t be made outside of court, then a family law judge will decide how the assets and property are split.
Some of the factors that play into the decision include but are not limited to:
- Incomes of each spouse
- Duration of the marriage
- Age and health of each spouse
- Expected future cash flow (pensions, retirement, etc.)
- Obligations of spousal support in previous marriages
- The ability of each spouse to provide for themselves
- Tax consequences of dividing the property
Divorce can be not only stressful and emotional for the spouses, but those connected to them as well. Allow the team (link to about us page) at Casale & Bonner P.C. to walk you through the process from start to finish to make the experience as stress-free and efficient as possible. The compassion, patience, and dedication we show each of our clients is unparalleled.
Call Casale & Bonner P.C. 570-326-7044 to speak with a lawyer. We are here to be your guide through your divorce, protect your rights, and help you obtain any compensation that you deserve.